Well according to our U.S. Government, when it comes down to advertising in schools, our speech is limited. The Agriculture Department along with Michelle Obama’s “Let’s Move Campaign” is starting to try and promote healthy eating in schools. In order to do that, they are starting to eliminate advertising of junk food and sugary drinks. Slowly the schools will start eliminating the actual selling of these goods. Health is a very important issue going on in America at the moment and should be an important issue. However, is child obesity the only issue at hand? Is it constitutional to eliminate advertising as a whole? Does that invade the freedom of expression, the freedom of speech? Advertising is in fact protected by the First Amendment.

Meanwhile, the Government is claiming that the rule “which made sexually explicit online communication between an adult and a minor illegal” is actually a violation of the First Amendment. At the time of the incident, a 30-year-old teacher and 13-year-old student were “sexting” (which is sending sexually explicit photographs or messages through a cell phone or electronic device) each other. This case is now being dismissed. The defendant claimed to have used improper judgment in asking the student for sexual pictures. He claims it is within his rights to talk to the young lady. He also claims he did not break the law; he did not touch her or meet the student alone at any time.

This appears to be a bit of irony in these two situations. It is okay to limit the different companies freedom of speech in advertising to children under the age of twenty; however, it is a violation of one’s speech when sexting explicit content to minors. What other rights are being compromised around the U.S.?

For more information on the two news articles, please go to:

http://www.myfoxdfw.com/story/24814434/rules-to-limit-marketing-unhealthy-food-in-schools

http://www.star-telegram.com/2014/02/24/5596703/a-teacher-sexting-and-the-right.html

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*Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney. Criminal Defense Lawyers with Unparalleled Passion for Success Providing Quality Representation for your Denton, Lewisville, Flower Mound, Carrollton, Corinth, Highland Village Dallas, Plano, McKinney, Denton County, Tarrant County, Collin County, or Dallas County criminal case